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Author Archive - Doug MacLeod, MacLeod Law Firm

For the past 30 years, Doug MacLeod, founder of the MacLeod Law Firm, a Canadian labour and employment law firm, has been advising and representing employers in connection with employee terminations. If you have any questions, you can contact him at 416 317-9894 or at doug@macleodlawfirm.ca. Read more

Wrongful dismissal update: Judge upholds just cause termination for a 30 year employee who touched a co-workers buttock

After a 10 day trial, an Ontario judge recently concluded that touching a female’s buttock in the presence of four witnesses, who had conflicting versions of what happened, was just cause for termination for an employee with 30 years’ service who had a clean disciplinary record.

 

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Termination clauses: (Yet) another one bites the dust

I advise employers and employees and therefore regularly draft and review termination clauses. The issue of whether a termination clause complies with the minimum notice requirements set out in the Employment Standards Act (the “ESA”) may be the most litigated issue in employment law over the past 5 years. So employment lawyers like me pay close attention to what the courts are saying on this issue.

 

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Doug’s top 5 employment law stories of 2019

We have started the last month of 2019 and it is time for my annual top employment law stories of the year. 2019 has been a relatively good news year for Ontario employers.

 

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Wrongful dismissal update: Alleging just cause is a legal minefield

A recent case (Headley v. City of Toronto, 2019 ONSC 4496 (CanLII)) shows that alleging just cause for termination for a long-service employee can be a risky and costly strategy.

 

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Workplace harassment provisions coming to the Canada Labour Code

As many of you know, several new amendments to the Canada Labour Code (“the Code”) came into effect on September 1st. Employers cannot rest just yet – even bigger changes are expected to arrive in 2020 in relation to workplace harassment and violence.

 

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Are executives entitled to variable compensation after being terminated?

This blog reviews a recent Ontario Court of Appeal decision, Manastersky v. Royal Bank of Canada, 2019 ONCA 609 (CanLII), that considered whether or not an employer can discontinue a variable compensation plan that accounts for about 50% of an executive’s total compensation.

 

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Aggravated damages are aggravating employers

Employers must be honest, candid and forthright with employees. Failure to do can result in a judge ordering an employer to pay an employee aggravated damages.

 

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Failure to disclose planned layoff costs employer 22 months pay and 20K punitive damages

Mr. Jonasson, a 55 year old engineer with 22 years’ service with Nexen Energy was thinking about either retiring or taking a leave of absence. He decided to request a six month leave of absence. The employer agreed to his leave request if he entered into an agreement about the company’s obligations at the end of his leave.

 

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Ontario’s new employer-friendly employment laws

Some recent changes in the law make Ontario’s employment laws more employer-friendly – especially for small businesses; this blog post discusses five of these changes.

 

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Are employees entitled to receive damages for variable compensation during the reasonable notice period?

Some employees receive a large percentage of their total remuneration in variable compensation. A much litigated issue is whether the employer is required to pay variable compensation to a terminated employee during the applicable notice period and if so how is this compensation calculated.

 

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Can an employee refuse a recall from a temporary layoff?

Contrary to popular belief, a temporary layoff generally constitutes a wrongful dismissal which requires an employer to pay the laid off employee termination pay.

 

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Wrongful dismissal update: Recent case is a cause for concern

frustrated-cause-for-dismissal

It is increasingly difficult for employment lawyers to assess an employer’s potential legal liability in connection with an employee termination.

 

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Top 10 Ontario employment law stories of 2018

In 2018 there were many new developments in the employment law world. Here are my top 10 stories of
the year:

 

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Mandatory postings in workplaces

There are several documents that are mandatory postings for all workplaces, while others depend on the nature of the business and the hazards present in the workplace.

 

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Cannabis legalization: Behind the smoke and mirrors

Whether you were looking forward to October 17, 2018 or whether you were dreading it, the recreational use of cannabis is now legal in Canada.

 

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